When the ORMCP came into…

When the ORMCP came into force in 2001, significant restrictions were placed on land uses within the Oak Ridges Moraine. All existing uses that did not comply with the ORMCP were frozen. Any new uses of the Oak Ridges Moraine were limited to those uses that conform with the ORMCP.

Any applicable zoning and official plan designations have been overridden by the ORMCA and ORMCP to the extent those provisions are less restrictive than the ORMCP. Greater restrictions can always be placed on these lands by the municipality.

The primary restriction. All municipal decisions must comply with the ORMCP.
Section 5 of the ORMCP then provides that:
5. No person shall, except as permitted by this Plan,
(a) use land or any part of it;
(b) undertake development or site alteration with respect to land; or
(c) erect, move, alter or use a building or structure or any part of it. [emphasis added]

Section 8(1) of the ORMCA provides that:
8 (1) Despite any other Act, the Oak Ridges Moraine Conservation Plan prevails in the case of conflict between the Plan and,
(a) an official plan;
(b) a zoning by-law; or
(c) a policy statement issued under section 3 of the Planning Act.

“Site alteration” in section 5 should be highlighted because those prohibitions capture all aspects of what Miller Paving is proposing at the Boyington Pit. The ORMCP prohibits the construction of buildings, introduction of uses, or changing the landform of the Oak Ridges Moraine in a manner inconsistent with the plan.